Pinki Roy vs Lekha Roy Chowdhury - 2020 Supreme(Tri) 120

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Tri) 120

AKIL KURESHI
Pinki Roy – Appellant
Versus
Lekha Roy Chowdhury – Respondent

Advocates appeared:
Mr. A. Nandi, Advocate, for the Appellant; Mr. S.D. Choudhury, Mr. J. Majumder, Mr. S. Lodh, Mr. G.S. Das, Advocates, for the Respondent

JUDGMENT

1. Heard learned counsel for the parties for final disposal of the appeal. This appeal is filed by the original claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala in its judgment and award dated 17.12.2018 passed in T.S.(MAC) No.467 of 2013.

[2] Brief facts are as under:

The claimant was travelling in an auto rickshaw on 29.09.2013 in the afternoon hours when the vehicle collided with a Maruti car. She received serious injuries on her right leg for which she had to undertake extensive treatment and had to undergo operations. She was engaged in the tailoring job. She produced disability certificate of 30% and claimed compensation Rs.40,02,000/- inter alia on the ground that the loss of earning capacity was far more than the physical disability suffered by her.

[3] At one stage her claim petition was dismissed because she could not produce the medical evidence of her disability. It was later on restored by the High Court upon which a fresh decision was rendered by the Tribunal which is impugned in this appeal. The Tribunal in the impugned judgment and award has awarded a total compensation of Rs.3,79,262/- under fol

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